(The Center Square) − A new state law requiring Louisiana law enforcement agencies to comply with written federal immigration detainers went into effect today, following heated debate over its implications for local jurisdictions like Orleans Parish that are bound by federal consent decrees.
Senate Bill 15, authored by Sen. Morris and passed by a 70-31 House vote in June, amends Louisiana’s obstruction of justice and malfeasance in office statutes to criminalize actions by public officials or private actors that “thwart” federal immigration enforcement efforts.
The law exposes law enforcement officers to potential fines and jail time if they fail to cooperate with detainers from federal agencies like Immigration and Customs Enforcement.
Supporters of the law argue it is necessary to ensure undocumented immigrants charged with crimes are not prematurely released back into communities.
“If law enforcement receives a written request for a detainer of an illegal immigrant, it requires them to abide by that request,” said Rep. Debbie Villio, R-Kenner. “Law enforcement should not try to thwart our federal officials.”
Villio was a prosecuting attorney for Jefferson and St. Tammany parishes.
Lawmakers from New Orleans and Baton Rouge raised sharp concerns about whether the law conflicts with an existing federal consent decree governing Orleans Parish jail operations, which limits what immigration-related information deputies can collect or share.
Rep. Candace Newell, D-New Orleans, pointed out that the consent decree prohibits the Orleans Parish Sheriff’s Office from accepting or acting on a detainee’s immigration status unless certain serious charges— such as murder, rape, or treason — are involved.
“The accepting deputy is not supposed to take in any information on the person’s or the detainees status,” Newell asked. “So what happens in that situation if they’re not required to take that status?”
Villio dismissed her concerns, arguing that “prosecuting attorneys will look at the evidence” and that the legislation is no more vague than existing criminal statutes. Newell shot back, saying the problem isn’t ambiguity — it’s the legal conflict.
“This legislation is in direct contradiction to what we’ve been under for 15 years and trying to get out from under,” Newell said.
The law’s activation is well timed, as there have been several instances of direct interference and aggression aimed at ICE officers and officials.
Last week, two medical staffers at a San Bernardino County surgery center were charged with assaulting and interfering with federal immigration officers during an attempted arrest of an undocumented immigrant, according to the U.S. Department of Justice.
California has been a hotspot for such instances.
Last month, federal immigration officers came under gunfire while carrying out warrant operations at two marijuana grow sites in California.
The raids led to the rescue of at least 10 migrant children “from what looks like exploitation, forced child labor, and potentially human trafficking or smuggling,” said DHS Assistant Secretary Tricia McLaughlin.
According to DHS, more than 500 individuals attempted to disrupt the operations, with four U.S. citizens now facing charges for assaulting or resisting officers.
In May, a video showed a woman being detained by ICE in Worcester, Massachusetts, as about 25 bystanders gathered, prompting what police described as a “chaotic incident.”
According to the Department of Homeland Security, the incident escalated in part due to a local official’s actions.
“District Councilor for the City of Worcester pulled a political stunt and incited chaos by trying to obstruct law enforcement,” said DHS Assistant Secretary Tricia McLaughlin.
Under the new Louisiana law, any official who knowingly obstructs or fails to cooperate with federal immigration agencies — including ICE, Customs and Border Protection, or U.S. Citizenship and Immigration Services — can face up to one year in jail and a $5,000 fine for obstruction, or six months and a $1,000 fine for interfering with an official act.
Law enforcement agencies must now comply with detainer requests alleging an individual either “illegally entered or unlawfully remained” in the U.S.
